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Showing posts from February, 2020
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February 29, 2020
It is a well-established principle of law that where a party claims that any particular item of property is joint family property, the burden of proving that it is so rests on the party asserting it
February 29, 2020
Mere existence of nucleus alone is not enough and it must be proved that there was surplus income for purchase of other properties and the same must be in the hands of managing member
February 29, 2020
There is no specific evidence or finding as to when the blending took place. Therefore, it cannot be said that Defendant No.1 did not have any independent source of income
February 29, 2020
circular regarding patta transfer
February 29, 2020
Mere by sanctioning lay-out plans according the public interest, the corporation does not get any title in the property of the owner only because such property has been marked as parks and lawns - The Corporation cannot claim title in the property unless it is properly acquired and compensation is paid to the owner
February 29, 2020
No gifting of land by developer/owner to local authority,held, ownership of land never transfered to appellant/corporation- Appellant/corporation can't claim any title
February 29, 2020
Subsequent purchaser can raise all pleadings and defences open to agreement vendors in a suit for specific performance even in the absence of agreement vendors
February 29, 2020
When there is a dispute and the defendant assert a title, only remedy for the plaintiff is to seek for a declaration of title in respect of disputed portion
February 29, 2020
Amendment application under order 6 rule 17 of CPC is maintainable in domestic violence act 2005
February 29, 2020
Good legal article on Obstructionist proceeding in execution of decree
February 29, 2020
Joint family property – Presumptions with special reference to ‘Doctrine of Blending’
February 29, 2020
Injunction decree will survive to legal heirs of deceased plaintiff
February 28, 2020
Notional partition should be done as if it was effected just before the death of the father, Deceased father and male heirs get equal shares, father's share should be divided equally amongest all his heirs
February 28, 2020
Possession of one co owner is deemed to be a possession on behalf of the other co owner- court fee was never an issue and not pleaded in the written statement,the appellate court can't on its own notion consider correctness of court fee
February 28, 2020
No express prohibition in code for restoration of suit dismissed under order 9 rule 5(1) , Inherent power under section 151 can be used to restore the suit dismissed under order 9 rule 5(1) of CPC
February 28, 2020
Recording reasons for granting ex parte interim order mandatory and not mere formality. Failure to give such reason amount to denial of Justice- ex parte interim injunction set aside
February 28, 2020
Pathway dispute- A bare injunction suit is not maintainable and a suit for declaration of title will have to be filled
February 28, 2020
Sale deed executed by father for himself and on behalf of minor- joint family property- is valid
February 28, 2020
Will- original will was in the custody of other side and notice to produce the document is not complied,A certified copy of the will has been filed, Examination of one of the attesting witness and sub registrar- will proved
February 28, 2020
Report of Tahsildar indicate 3rd respondent- co operative society sold property of land in survey number not owned by it R3 direct to return sale consideration- provide alternative site
February 28, 2020
Decree against dead person is nullity
February 28, 2020
Insurance company is liable for death of owner- driver,who died in an accident while driving his own vehicle- as driver, claim petition maintainable
February 27, 2020
Partition- Alienation of property by sharer to third party,held, partition deed doesn't give any right to pre emption
February 27, 2020
Decree against dead person is nullity
February 26, 2020
one complaint is maintainable in respect of dishonour of ten cheques
February 26, 2020
Owner while driving his vehicle sustained fatal injury- claim petition under section 163A filed- As per section 2(9) ,any person behind the steering wheel will be a driver irrespective of his position as owner- maintainable
February 26, 2020
Brother was driving the car owned by his sister, when it fell downhill due to rash and negligence driving by brother- no other vehicle involved- claim petition by another sister- maintainable
February 26, 2020
Even if re married, the widow is entitled to compensation both as legal heir as well as legal representative
February 26, 2020
Revocation of probate- limitation- Three years
February 26, 2020
Rejection of plaint filed by one of the defendant- Persons already set exparte must be added as respondent
February 26, 2020
Father can't sale minors interest in joint family property
February 26, 2020
Additional documents can be filled in appellate stage
February 26, 2020
There is no limitation for bringing legal heirs on record in execution application
February 25, 2020
will- attestar
February 25, 2020
caveat- will - probate- revoked-legitimate
February 25, 2020
The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance withthe law of succession governing them.
February 25, 2020
The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance withthe law of succession governing them.
February 25, 2020
Defendant intend to sell the suit property for meeting expenses of her daughter- Despite issuance of second legal notice plaintiff had not evinced interest to pay balance sale consideration- specific performance dismissed
February 25, 2020
Mortgage executed by minor either by himself or as guardian is void- Xerox copy of document is inadmissible in law and claiming right on such Xerox copy is impermissible in law
February 25, 2020
Unregistered sale deed- 30 year old - entitled to presumption under section 90 of evidence act
February 25, 2020
Pendency of FIR is no bar for seeking admission in decree course
February 25, 2020
Trial court has ESCHEW evidence of dw 1
February 25, 2020
co owner filed suit for partition- revenue records,namly patta stands in the name of some of co owner,plea of Adverse possession and plea of ouster can't inferred
February 25, 2020
Person claiming Adverse possession should plead and prove date on which his possession become Adverse to original owner
February 24, 2020
Expert opinion- Expert openion not final- court can accept or reject expert opinion
February 24, 2020
compensation- corporation remove lamp post- fall of lamp post on passenger - spinal cord injury- court empowered to award just compensation by invoking it's writ jurisdiction- not necessary to relegate victim to approach civil court
February 24, 2020
conduct of purchaser in paying entire sale consideration on date of agreement to sell, extending time for performance, and filing suit at last minute- specific performance not granted
February 24, 2020
Notice In PDF Format Delivered Through WhatsApp Is Valid
February 24, 2020
Court can appoint court commissioner in case of boundary disputes and disputes about identity of lands
February 24, 2020
court can not rely on commissioner report even if court commissioner is not examined
February 24, 2020
plaintiff is not required to pay Advaloram court fees if he has only filed suit for registration of sale deed
February 24, 2020
It is mandatory to affix summons to outer door of defendant's house if he refuses sign on acknowledgment
February 23, 2020
plaintiff is not required to pay Advaloram court fees if he has only filed suit for registration of sale deed
February 23, 2020
precaution taken by court while granting application for substituted service
February 23, 2020
Family arrangement may even be oral and it is not compulsory registration
February 23, 2020
Documents which affirm oral partition do not require registration
February 23, 2020
Where a period purchaser of the trust property had perfected his title by Adverse possession and had conveyed the trust property to his transferee for value the right to follow the trust property after a period of 12 years had become barred
February 23, 2020
Amended act 2005 is retrospective and would apply to all daughters who born after 17/06/1956 and no matter whether succession had opened or not
February 23, 2020
Difference between public and private trust
February 23, 2020
sale certificate doesn't require registration
February 23, 2020
sale certificate doesn't require registration
February 23, 2020
The trust deed mentioned that it was specifically stated that the trust property should not be sold by trustees that can be strictly followed
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